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498a,dv act contents

Page no : 2

ravi bajaj (DCB)     09 March 2012

Thanks Shonee,

The private complaint was registered with the 2nd additional megistrate  judge  and she has verified and signed after the petition in person , so i am not sure if its 156(3) or crpc 200

what i am being told by a lawyer that how come the HC judge has mentioned that investigation officer has to look into it as its a private complaint

kindly help

 

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 March 2012

Then check the same and it is quite possible that there has been some error even at HC level.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

ravi bajaj (DCB)     09 March 2012

if its an error , is it benificial for  me ? if the investigation officer has to look into it and there is no fir , how will the case proceed ?

If the ivvsetigation officer is not required then the case can start without any investigation & we would be summoned ?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 March 2012

Yes. But be sure.

 

There might be an FIR, in which  case you would have to be careful.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

ravi bajaj (DCB)     12 March 2012

Thanks Shonee

Is there any time limit to filve DV act case after we  are not living together ?

my wife left me in 2008 ( mentioned in her petition) and filed Dv act in 2010

would that help me in any way ?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     12 March 2012

Latest opinion of SC is dvivied on it.

 

One side there is Inderjit Singh Grewal or the other side there is Bhanot Judgement.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

ravi bajaj (DCB)     14 March 2012

Thanks Shonee,

i just confirmed that the 498a private complaint was registered u/s 204 crpc.

& the high court decision for the quash appeal  says that the investigation officer has to look into it.

you had mentioned that this is benifical for me ,

could you explain me how its benifical for me ?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 March 2012

Because in this case, IO has no role.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

ravi bajaj (DCB)     16 March 2012

Yes if the IO has no role , my lawyer says that the opposite lawyer can start the 498a case as there is an error in HC decision ,

since i have recd the Dv act summons ,the lawyer still suggests that the 498a case should be fought along with it .

or the opposite lawyer will request the court ti start the 498a proceedings as the HC said the case go on and the IO officer has no role since its private complaint . Is it true ?

 

what should i do ?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 March 2012

Your lawyer is right about the IO part.

 

I doubt whether the court would club 498a with DV, as the evidence and cross in 498a takes longer time.

 

However, if it does, less harassment for you.,

 


Regards,


Shonee Kapoor

harassed.by.498a@gmail.com

ravi bajaj (DCB)     06 April 2012

As i have read in this fourm that in dv act cases , our presence is not required in court and it can be atteneded by the lawyer or a representative

What my lawyer says , even if we stay outside india , in a dv act case after my lawyer has presented his vakalatnama and got the po report , we may to attend court. he says the below steps

we have to file our reply in the case.

after that the girls side have to show their evidence  and then

we have to file  our evidence  and then the arguments will start.

If we file our evidence after hers, then we may have to appear in court.

If we file our evidence at that intial time of filing our reply then we may not be required to be present in court .

Is this true ?

 

The girls side has not filed any evidence yet , i have to file my reply now,

If i file my evidence first along with the reply , will it advantageous for the oppsite side ?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 April 2012

It is her case to prove, you can give denial right now alongwith some evidences.

 

Then later you could lead evidence.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

ravi bajaj (DCB)     15 April 2012

Thanks Shonee,

 

As i have read in this fourm that in dv act cases , our presence is not required in court and it can be atteneded by the lawyer or a representative

As per my lawyer , we are require to attened the court at the time when our evidence is filed , is it true ?

As we stay abroad, is there any way to exempt apperance in court for the Dv act case ?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 April 2012

Of course, how can the evidence be filed w/o your presence.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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